On acceptance of undertakings by the school management to re-transfer petitioners, the High Court disposed of the primary writ petition and listed a companion petition for admission.
School Management undertook to re-transfer teachers and issue orders for release of salary within one week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(911)ASWP12715.18 & Anr.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12715 OF 2018
1 Shri Shivprasad Sukhdeoprasad Sharma & Anr. … Petitioners Vs 1 Nehru Shikshan Sanstha & Ors. ... Respondents
Mr. Ramesh Sawant i/b Mr. S.V. Pitre for the Petitioners.
Ms. Manjiri S. Parasnis for the Respondent No.1.
Mrs. Rupali Shinde, AGP, for the Respondent Nos.4 & 5-State.
WITH
WRIT PETITION NO. 2178 OF 2019
Nehru Shikshan Sanstha, Pune … Petitioner Vs 1 The State of Maharashtra & Ors. … Respondents
Ms. Manjiri S. Parasnis for the Petitioner.
Mrs. Rupali Shinde, AGP, for the Respondent No.1-State.
Mr. Ramesh Sawant i/b S.V. Pitre for the Respondent Nos.6 & 7.
CORAM : S.C. DHARMADHIKARI &
M.S. KARNIK , JJ.
TUESDAY, 26TH FEBRUARY, 2019
P.C. :
1 After these petitions were argued for some time,
particularly the writ petition f i led by the Management, being Writ
SRP 1/3
(911)ASWP12715.18 & Anr.doc
Petition No. 2178 of 2019, on instructions, Ms. Parasnis says that the Management will comply with the directions issued by the Director of Education (Secondary), Maharashtra State, Pune and re-transfer the petitioners in the companion petition being Writ Petition No. 12715 of 2018 – Shivprasad Sukhdeoprasad Sharma and Bhimrao Jotiram Ghadge to the Gora Kumbhar High School and Junior College of Commerce, Pashan, Pune 411021. The orders to that effect will be issued within one week is the further statement made by Ms. Parasnis.
2 On receipt of these orders, the two individual teachers named above shall resume their duties at the above school. They shall report before the Headmaster who will allow them to sign the Muster Roll by inserting the names of these teachers in the said Roll. As soon as the Headmaster certif i es that these two teachers have resumed duties at this school, the School Management, namely, Nehru Shikshan Sanstha and the respondent – Education Off i cer (Secondary), Pune Zilla Parisad, Pune, will carry out the necessary entries and endorsements in the records and release the salary grant so as to include the salary and with admissible pay-scales to the above petitioners /
SRP 2/3
(911)ASWP12715.18 & Anr.doc
teachers. Thereafter, these teachers would be considered to be on the Roll of Gora Kumbhar High School and Junior College of Commerce.
3 Since the statements made by Ms. Parasnis are accepted as undertakings to this Court and thereafter incidental and consequential directions have been issued, Writ Petition No. 12715 of 2018 does not survive and is disposed of.
4 However, it is clarif i ed that the statements made by Ms. Parasnis, on instructions, and accepted as undertakings are without prejudice to the rights and contentions of the Management in the accompanying Writ Petition No. 2178 of 2019.
5 Writ Petition No.2178 of 2019 shall be listed for
admission as per its turn.
M.S. KARNIK, J. S.C. DHARMADHIKARI, J.
SRP 3/3
1 issue framed by the court
Whether the writ petition filed by the Management can be disposed of on the acceptance of undertakings regarding teacher re-transfer?
Shivprasad Sukhdeoprasad Sharma & Anr.
Nehru Shikshan Sanstha
Nehru Shikshan Sanstha, Pune
State of Maharashtra
S.C. DHARMADHIKARI
M.S. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
